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First chair of Pensions Regulator's determinations panel is appointed

Ref: PN05-07
4 April 2005

The chairman of the Pensions Regulator, Mr David Norgrove, has appointed the first chair of the new regulator's determinations panel, Mr John Scampion.

Former metropolitan local authority CEO and qualified lawyer, Mr Scampion will take up his post on 6 April, when the new regulator replaces Opra as the regulator of occupational pension schemes in the UK.

Commissioner member since 2003 of the Healthcare Commission - the body responsible for inspecting and auditing both NHS and private sector healthcare - Mr Scampion is also a member of the Criminal Injuries Compensation Appeals Panel since 1996, when he was appointed by the Home Secretary.

Welcoming Mr Scampion to the Pensions Regulator, Mr Norgrove said:

"I'm delighted that John has taken this role as chairman of the determinations panel. Working with the strong group of members he has appointed, I am sure the panel will reach well-founded decisions that command the confidence of all concerned".

The determinations panel will consist of seven panel members, in addition to the chair, and will be responsible for making formal decisions relating to individual cases where the Pensions Regulator seeks to use its powers.

These decisions are called "determinations" and the panel will have the power to make a determination where:

  • the regulator seeks to sanction or prosecute a breach of pensions law;
  • a problem has arisen in a scheme that the regulator considers can be put right with the use of one of its powers; or
  • an application has been made by trustees, managers, members or employers of a scheme for the regulator to use one of its powers.

Editor's notes

  1. In most cases, a determination is carried out by the determinations panel. Members of the panel are independent of the regulator and are not involved in investigating cases.
  2. Any party affected by a determination may appeal against the decision within 28 days, by applying to the Pensions Regulator Tribunal, which is the independent body set up to hear appeals.
  3. On 6 April 2005, the Pensions Regulator will be established as the new regulator of work-based pensions in the UK, with wider and more flexible powers under the Pensions Act 2004. It will replace Opra which will cease to exist.
  4. The new powers of the Pensions Regulator will include the ability to:
  • issue improvement notices and third party notices, allowing the regulator to ensure problems are put right;
  • issue codes of practice;
  • freeze a scheme that is at risk, while the regulator investigates;
  • prohibit trustees who are judged not fit and proper to carry out their duties; and
  • collect more detailed scheme information.

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